Merced faces lawsuit if homeless camp is torn down

A Merced-based legal aid group, Central California Legal Services, has threatened to sue the city of Merced if it moves forward with its plan to enforce a no-camping ordinance and remove the residents of a large homeless camp on the edge of the city, among other locales.

In a letter sent to the city June 3 on behalf of several of the Black Rascal homeless camp's dwellers, CCLS said that if the city moves forward with its plan, legal action may follow.

"We urge the city to halt implementation of its camp closure plan. It is a short-sighted strategy, unsupported by any evidence that suitable and affordable housing is available to accommodate the housing needs of the homeless persons threatened with displacement, and will likely subject the city to legal challenges," the letter said.

While the letter didn't explicitly say CCLS will sue the city, a spokeswoman for the group said the letter was meant as a warning.

The Merced City Attorney, Greg Diaz, said the city is taking into consideration the issues raised in the letter in order to have a constructive dialogue when and if officials meet with CCLS.

"We appreciate their concerns and certainly are going to consider the comments that they raised," said Diaz.

Diaz made it clear that the city will respect the rights of the people in the camp while it enforces the no-camping ordinance.

The City Council voted May 3 to enforce its no-camping ordinance within six months.

Now the threat of a lawsuit could keep the touchy topic of homelessness on the city's front burner after months of deliberation over what to do about the problem.

The letter sent to the city claims that the city's plan to remove the camp dwellers is illegal and ill-conceived.

The letter also states that the City Council's claim that there will be enough beds for the homeless once they are removed from their campsite is untrue.

The letter cites the city's own survey of available beds, claims the findings were wrong and that the city over-counted how many beds there are in town.

In addition, the letter said the city's plan to photograph all camp dwellers, search and itemize their belongings, among other plans, would violate their constitutional rights.

The letter asked the city to meet with CCLS to "explore reasonable solutions."

Reporter Jonah Owen Lamb can be reached at (209) 385-2484 or jlamb@mercedsun-star.com